Employer refusing to pay holiday pay

coco1277_2

Hi , I was hoping there was someone here with any knowledge on this problem I have with my employer .

I have worked on a casual basis for same employer for 4 years and every time I have asked for holidays I have been told casuals aren't entitled to paid holidays , now call me naive but it wasn't until I recently started googling this that I was made aware that casuals are in fact entitled to paid holiday leave also a list of terms and conditions which I have never received either
This is a big company I work for and just unsure what steps to take now , I have emailed hr dept and payroll making them aware of my findings and they stated they are looking into it but this was 3 month ago and not heard anything back .

IS my next step a formal grievance ? What do I need to put in it ?

Thanks in advance for any help you can offer as haven't got a clue when it comes to things like this

marybelle01

I think you are going to hit a big snag. You were aware that the employer was acting illegally in denying holidays three months ago. You have three months less a day to make a claim to an employment tribunal (which will cost you money now anyway). So even if you submit a grievance, I think you might find that (a) you have left it too late to complain about past holidays lost and (b) the cost of making a claim may well be worth more than the holidays you can claim! By all means submit a grievance - but there may now be nothing you can do about lost holidays in the past.

Suarez

I'm assuming you don't have a contract of employment?

coco1277_2

Thanks for responding actually having looked back at my emails it was the 8th July so only been 2 months but even then they said they were looking into it

coco1277_2

Suarez wrote: »

I'm assuming you don't have a contract of employment?

No I don't suarez

burnsguitarman

I had exactly the same problem! My employer was our local council! (school meals service). I knew that I was entitled to accrued holiday pay for the hours I actually worked.
I tried to get the union involved but got the same response from them as from my employer.......'we do not pay holiday pay to casual workers'
I then phoned ACAS, who were very helpful, they suggested writing an email, to the department manager, stating my entitlement. (I think its 12.07% per hour about 6 mins). I was told that, if I could be called up to work whether I accepted or not, and the fact that I was paid through payroll with a employee number, then I had an implied contract, and that I was entitled to holiday pay as such. I quoted the relevant act of employment rights and sent it. 2 days later I recieived an email, stating that I would recieve 6 yrs holiday pay backdated in my next pay packet. Good Luck!

coco1277_2

burnsguitarman wrote: »

I had exactly the same problem! My employer was our local council! (school meals service). I knew that I was entitled to accrued holiday pay for the hours I actually worked.
I tried to get the union involved but got the same response from them as from my employer.......'we do not pay holiday pay to casual workers'
I then phoned ACAS, who were very helpful, they suggested writing an email, to the department manager, stating my entitlement. (I think its 12.07% per hour about 6 mins). I was told that, if I could be called up to work whether I accepted or not, and the fact that I was paid through payroll with a employee number, then I had an implied contract, and that I was entitled to holiday pay as such. I quoted the relevant act of employment rights and sent it. 2 days later I recieived an email, stating that I would recieve 6 yrs holiday pay backdated in my next pay packet. Good Luck!

Wow well done , bet that was a nice surprise , thanks for the advice

ohreally

burnsguitarman wrote: »

I tried to get the union involved but got the same response from them as from my employer.......'we do not pay holiday pay to casual workers'

I would raise this with the union as they may be liable for incorrect advice (although I appreciate you have not suffered a detriment due to this) - was this a steward or full time official?

burnsguitarman

ohreally wrote: »

I would raise this with the union as they may be liable for incorrect advice (although I appreciate you have not suffered a detriment due to this) - was this a steward or full time official?

It was a union official. To be honest they are a waste of time!